Right on land or condominium acquired by inheritance in Thailand

'A foreigner who acquires land by inheritance as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. However, the total plots of land shall not be exceeding of those specified in Section 87'.

If you read section 93 of the Land Code Act you could argue that a foreigner who has legally married a Thai spouse is under Thai law entitled to request for ownership in land as he/ she is a statutory heir. In this case permission must be obtained from the Ministry of Interior and the Minister of Interior shall have the sole discretion to grant permission. In practice no Minister will give permission.

The last treaty was terminated in 1970 and there is currently no treaty with any country to allow a foreigner to acquire land in the Kingdom nor is there a legal ground (like a Ministerial Regulation) for the Minister of Interior to allow any foreigner as inheritor under will or as statutory heir (including a foreigner who has legally married a Thai national) to inherit land in Thailand.

Under present law any foreigner who acquires land by inheritance will have to transfer the land within a reasonable period (meaning up to 1 year) to a Thai national.

A foreigner who acquires a condominium unit by inheritance either as statutory heir or inheritor under will shall automatically have an ownership in such unit. However, if this ownership exceeds the foreign ownership ratio within such a condominium, it is required by law that the unit shall be disposed either by selling or giving to other Thai persons within 1 year from the date of acquisition of such condominium unit. If the foreigner fails to do so, the Director-General of Land Department shall have power to sell it on the foreigner's behalf.

Section 19 of Condominium Act (1979). Alien and juristic persons regarded by law as aliens may hold ownership of an apartment if they are the following:

(1)	Aliens permitted to have residence in the Kingdom under the immigration law
(2)	Aliens permitted to enter into the Kingdom under investment promotion law
(3)	Juristic persons as provided in Sections 97 and 98 of Land Code and registered juristic person under Thai law
(4)	Juristic persons which are aliens under the Announcement of National Executive Council No. 281** dated November 24, B.E. 2515 and have obtained promotion certificate under investment promotion law
(5)	Aliens or juristic persons regarded by law as aliens who have brought in foreign currency into the Kingdom or withdrawn money from Thai Baht account of the persons who have residence outside the Kingdom or withdrawn money from foreign currency account.

Note: ** The Announcement of the National Executive Council No. 281 is repealed by the foreigner definition under the Foreign Business Act 1999.

Section 19 Septem of Condominium Act (1979). An alien or juristic person regarded by law as alien other than those specified in Section 19 who acquires an apartment by inheritance as statutory heir or legatee or otherwise, as such case may be, shall notify in writing the Competent Official within a period of sixty days from the date of acquisition of ownership of apartment, and shall dispose of such apartment within a period of not exceeding one year from the date of acquisition of the fourth paragraph of Section 19 quinque shall apply mutatis mutandis.

Section 19 quinque The alien or juristic person as provided in Section 19 shall dispose of apartment in the following cases:

(1)	When the alien or juristic person stipulated in Section 19 have acquired apartments by legacy in the capacity of statutory heir or inheritor under will or by other means as the case may be, and when include the apartment already held by such aliens or juristic persons stipulated in Section 19 exceeding the ratio prescribed in the first paragraph of Section 19 bis or not being in accordance with the second paragraph or the third paragraph of Section 19 bis;
(2)	Where the permission to have residence in the Kingdom of the alien as specified in Section 19 (1) is revoked, or his residence certificate is no longer valid;
(3)	Where the alien as specified in Section 19 (1), (2) and (5) is deported out of the Kingdom, and has not received a relaxation or is not sent to earn a living any where instead of being deported;
(4)	Where the alien as specified in Section 19 (2) does not receive permission from the Board of Investment to stay in the Kingdom;
(5)	Where the promotion certificate of the juristic person as specified in Section 19 (4) is revoked.

The alien or juristic person who is compelled to dispose of the apartment under the first paragraph shall notify in writing the Competent Official within the period of sixty days from the date the cause of such disposition occurred under the first paragraph.

For the case of (1), only the apartments exceeding the designated proportion shall be disposed; for the case of (2), (3), (4) and (5), all the apartments owned shall be disposed.

The disposition of apartments under the third paragraph shall be made within a period of not exceeding one year from the date of acquisition of ownership of such apartments, or the date of revocation of permission to have residence in the Kindom, or the invalidation of the residence certificate or the date of being ordered deported or de the date of revocation by the Board of Investment of permission to stay in the Kingdom, or the date of revocation of promotion certificate as the case may be. If the disposition is not made within the said period, the Director-General of Land Department shall have the power to dispose of such apartment, and the provisions regarding the the compulsion of disposition of land under Chapter 3 of the Land Code and the Ministerial Regulations issued thereunder shall be applied to the disposition of such apartment mutatis mutandis.